What is Uncontested Divorce?
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What is Meant by "Uncontested Divorce"?
"Uncontested divorce" refers to a divorce proceeding in which there are no disputes on either side regarding major legal issues in the case. This type of proceeding usually runs more smoothly and more quickly than a contested divorce in which legal issues need to be worked out in court before a judge.
With an uncontested divorce, the parties generally negotiate issues such as spousal support, child custody, and other issues outside of court. When they are done coming up with proposed agreements, they can then consult with a judge and have the terms finalized into a formal court order.
What Legal Issues are Resolved During an Uncontested Divorce?
A regular feature of an uncontested divorce is that the parties agree to work out the legal issues on their own, apart from the court’s intervention. This means that the parties may agree on legal issues such as:
- Spousal support (alimony)
- Issues involving children, such as custody, visitation, and support
- Division of assets
Most discussions in an uncontested divorce revolve around the division of assets. While the parties are free to come up with their own distribution plan, they must also make sure that their plans conform to state and local divorce laws.
What if a Dispute Arises During an Uncontested Divorce?
It sometimes happens that a divorce that begins as uncontested suddenly develops legal complications in the middle of the process. This can happen, for instance, if one of the parties changes their mind or if previously unknown facts arise later on. It can also occur if one spouse was not being honest during the process (for instance, if they were concealing assets in order to pay less spousal support).
In such cases, it may be necessary to pursue additional legal action in order to have the court intervene and help resolve some of the contested issues. This can make the process much longer; thus, it’s important to disclose all relevant facts and information at the beginning of a divorce trial, and throughout the process as well.
Do I Need a Lawyer for Assistance with an Uncontested Divorce Proceeding?
Every state has different rules when it comes to uncontested divorce proceedings. It’s in your best interests to hire a lawyer for help with an uncontested divorce proceeding. You will be needing legal guidance and representation during the court meetings, negotiations, and discussions with the opposite party. Your lawyer can be on hand to provide you with valuable legal advice and information for your case.
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Last Modified: 05-14-2014 04:12 PM PDT
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